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I was arrested for an OUI and wasnt mirandarized, then they told me that I had to consent to a blood test because if I refused it they said they would forcefully take it and my license would be suspended for 1-2 years. However, in my case I think they were checking for drugs as well as alcohol. Does Missouri V. McNeely affect my case at all?
Missouri v. McNeely does not affect your case if you ultimately consented to the blood draw. In McNeely, the defendant...
My 1st was 17 years ago and then i received 2 within a year period. I am college degreed and have no other criminal record and had a successful job. I blew a .22 and entered rehab. The judge in Oakland county still convicted me of a felony OWI which is on my record forever. I know people who have had 8 owi's that still don't have a felony. My attorney didnt' even attempt to lessen the charge. Could and should he have? Is there anything I can do after the fact?
Every case is different. Every judge has their own quirks. Which specific prosecutor had your case is a huge factor....
I was arrested on Nov 1, 2012 for an OUI and I still havent been arraigned and it has been almost 7 months. How long does the state have to arraign me???
I'm guessing you had a blood test taken instead of the breathalyzer. The police lab is backed up for almost a year....
After being arrested for an OWI can you request a hearing with the dmv in Michigan to keep your licence from being suspended? What are the time limits for this and would you contact the dmv of Michigan directly? Thanks
No. The penalties for all alcohol and drug related driving offenses are proscribed by statute. Once you are convicted (...
I recently found out who my Judge will be for my 2nd DUI at the 47th district court in Farmington Hills MI. It's Judge Parker & she runs sobriety court, I am serious about my sobriety since my DUI I've been sober, attend AA meetings, have a sponsor, go to individual therapy & group therapy. I know the guidelines for sobriety court is to reside in that area but I don't & my county doesn't have it, but I am hoping she will consider my seriosuness & allow me into her program. Any thoughts or experience is helpful & I have already spoke to an attorney I am waiting for my pre trial conference in June.
If you are going to the AA meetings, spoken to an attorney and going to stop drinking and driving you are on the right path.
I have been sober since the night I was ticketed with my 2nd DUI, I have been going to AA 3-5 times a week, I have a substance abuse therapist, I am attending & substance abuse/alcoholics treatment group, & have several reference letters from both of my jobs as well as the Marine Corp. League for volunteer work I do yearly, & proof of the business degree I am currently pursuing. I know I messed up I am ashamed of myself & want to be sober & keep my jobs & my current position obtaining my degree. But I am scared of jail & losing it all. I have hired an attorney but he doesn't communicate well so it leaves me in the dark. Will the court take any of this into consideration?
The only person that can determine whether you are affirmatively going to jail or not is the Judge. The 47th is not as...
I have a record of possession of marrjuanna charges & recently was charged with my 2nd dui. After the year suspension & I get a hearing in front of the S.O.S board will that hinder me in going further with getting even a restricted license in the state of Michigan?
Yes, you will need complete sobriety, lots if supporting letters and a great, experienced attorney and that will still...